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PL
Prezentowany artykuł poświęcony będzie roli emocji w pracy mediatora w sporach. Sytuacje konfliktowe często wyzwalają intensywne emocje, które są dla mediatora poważnym wyzwaniem. Główne problemy, jakie wówczas przed nim stają, to: kiedy pozwolić na swobodną ekspresję emocji, nawet negatywnych, a kiedy próbować je łagodzić; na ile mediator może pozwolić sobie na ekspresję własnych emocji, a kiedy starać się je ukrywać. Kolejnym problemem jest ocena stopnia intensywności ujawnianych emocji w kontekście kultury organizacyjnej właściwej danemu przedsiębiorstwu. Powyższe zagadnienia ujęte zostaną z perspektywy transformacyjnego modelu mediacji Busha i Folgera. Socjologiczną podstawę do analizy stanowić będzie teoria dramaturgiczna Ervinga Goffmana oraz podejście Arlie Russell Hochschild.
EN
The presented paper is focused on the role of emotions in mediator’s work in collective dispute resolution between trade unions and employers. Conflict situations often generate very intensive emotions which are a difficult challenge for a mediator. The main problems he has to face are as follows: when to allow free and uncontrolled emotion expressions, including negative emotions, and when mediator should try to mitigate these expressions? Can a mediator afford to express his own emotions and when he should try to hide them? Evaluation of the level of intensity of emotions exposure in the context of organizational culture is another problem to be presented in this paper. The abovementioned problems will be elaborated in the perspective of Bush’s and Folger’s Model of Transformative Mediation. The sociological base for this analysis will be Erving Goffman dramaturgical theory and Arlie Russell Hoshschild’s approach.
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2018
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vol. 63
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issue 3 (380)
77-88
EN
In her article, the author presents the institution of mediation that was introduced to the Administrative Procedure Code (Polish: Kodeks postępowania administracyjnego, k.p.a.) with the amendments of 1st June 2017. Mediation is not a completely new institution in the area of public administration. The regulations that were in force before the amendments foresaw their direct application, or set out the duty to initiate similar measures. Moreover, it was observed that during administrative procedures activities were undertaken that corresponded to the notion of mediation, or other non-confrontational ways to reach a consensus. Therefore, it can be concluded that the amended Code has in fact legitimised the existing need and the practice of conciliatory activities that previously were not applied in a unified way, though. At present, the situation is likely to change.
EN
The incidence rate of domestic violence cases in Europe has not really significantly decreased in the last ten years, and Spain is not an exception on this. Despite legislative changes and improvements that have taken place in many of our countries regarding penal punishment of those behaviors, it seems to be not enough or perhaps not suitable for all possible cases in this field. For this reason, for some time it is being discussed and, in any cases, trying out with the option to apply other techniques of conflict resolution based on restorative justice (and specifically the process of mediation between victim and offender). The purpose of this brief paper is then to examine the current legal situation in Spain about mediation in cases of domestic violence, and the opinions that have been expressed on this from the criminal doctrine.
EN
The main field of consideration of hereby article is the issue of mediation which is presented by the author from the perspective of a paradigm of narrative mediation. According to the concept, conflicts occur under the influence of opposing narrations of parties about what has happened. The opponents create their own stories of the conflict, shaped through various socio-cultural contexts and language that they use. The aim of narration is deconstructing narrations maintaining conflict, and creating space to emerge alternative stories, or giving a new meaning to the existing narrations. The author pays special attention to the power of language and the meaning of metaphors in the mediation process. Metaphor is viewed as an inexhaustible source of interventions, crucial for interpreting hidden meanings of narration of parties, universalizing stories, as well as modifying them towards alternative, constructive narration.
EN
The article presents difficulties in how to consciously construct questions in many ways. It seems to be essential in order to generate the need and willingness to get interested, delighted, fascinated and passionate. The author maintains that the competence of formulating right questions is useful in searching for inspiration and motivation, which results in creating new opportunities. It makes people aware of their mental resources and inspires them to search for more knowledge. A conclusion has been drawn that the contemporary people have been gradually losing the ability of asking questions. Therefore, in the modern world, as the author assures, wise men may be recognised by the questions they ask, and bright men by the replies.
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